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APPENDIX G

THE CIVIL SERVICE LAW, RULES AND REGULATIONS, AMENDED

TO JANUARY 1, 1918

381

CIVIL SERVICE LAW

CHAPTER 15, LAWS OF 1909

AN ACT in relation to the civil service of the state of New York and the civil divisions and cities thereof, constituting chapter seven of the consolidated laws.

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§ 1. Short title.- This chapter shall be known as the "Civil Service Law." § 2. Definitions. When used in this chapter,

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1. The term commission or "state commission " means the state civil service commission.

2. The term "municipal commission" means the municipal civil service commission of a city.

3. The "civil service" of the state of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division or city, except such offices and positions in the militia and the military departments as are or may be created under the provisions of article eleven of the constitution.

4. The "state service" shall include all such offices and positions in the service of the state or of any of its civil divisions except a city.

5. The "city service" shall include such positions in the service of any city. 6. The term "appointing officer" signifies the officer, commission, board or body having the power of appointment to subordinate positions in any office, court, department, commission, board or institution.

ARTICLE 2

General Provisions

SECTION 3. State civil service commission.

4.

5.

6.

7.

8.

9.

Officers and employees of the commission.
Rooms and accommodations.

The powers and duties of the commission.
Attendance of witnesses; fees.

Duties of public officers.

Unclassified service; classified service.

10. Rules for the classified state service.

11. The classified city service.

12.

Classification.

13. The exempt class.

14. The competitive class.

15. Exceptions from competitive examination.
16. Promotion; transfer; reinstatement; reduction.
17. The non-competitive class.

18. The labor class in cities.

19.

20.

Official roster; reports of appointing officers.
Disbursing officers.

21. Preferences allowed honorably discharged soldiers, sailors and

marines.

21a. Retiring veterans of the late civil war and granting them

pensions.

22. Power of removal limited.

23.

Compensation of veterans reinstated by order of the courts. 23a. Removal for treasonable or seditious acts or utterances.

24. Misdemeanor to obstruct right of examination; false representa tion; impersonation in examination.

25. Recommendations for appointment or promotion.

26. Political assessments prohibited.

27. Officers or candidates not to promise influence; "public officer " and "public employee defined.

28. Taxpayer's action.

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29. Publication of examination pamphlet and civil list.

30. Person employed by State or its civil divisions and cities to take

and file constitutional oath.

§ 3. State civil service commission.— The governor is authorized to appoint, by and with the advice and consent of the senate, three persons, not more than two of whom shall be adherents of the same political party, as civil service commissioners, and said three commissioners shall constitute the state civil service commission. They shall hold no other political place under the state of New York. On or before the first day of May, in the year one thousand nine hundred and thirteen the governor shall designate one member of the present state civil service commission to serve as a member of the commission until the first day of February, one thousand nine hundred and fifteen; one until the first day of February, one thousand nine hundred and seventeen; and one until the first day of February, one thousand nine hundred and nineteen. Upon the expiration of each of said terms, the term

of office of each commissioner hereafter appointed shall be six years from the first day of February of the year in which he shall be appointed. Vacancies shall be filled by appointment of the governor for the unexpired term. Each of the three commissioners shall receive a salary of five thousand dollars a year, and each of said commissioners shall be paid his necessary expenses incurred in the discharge of his duties as a commissioner. (As amended by chap. 352, Laws of 1913.)

§ 4. Officers and employees of the commission.- The commission shall elect one of its members to be president, and may employ a chief examiner, a secretary, and such other officers, clerks and examiners as it may deem necessary or proper to carry out the purposes of this chapter, and such employees shall hold office during the pleasure of the commission. The chief examiner shall be entitled to receive a salary at the rate of three thousand six hundred dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The secretary, and other officers, clerks and examiners shall receive salaries to be fixed by the commission, and the secretary shall also be paid his necessary traveling expenses incurred in the discharge of his duty. The commission may select suitable persons in the official service of the state or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as examiners under its direction. Persons so selected shall be entitled to compensation from the commission for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in case of special and expert examiners employed in the preparation of questions and rating of candidates; the commission shall not expend or authorize the expenditure of moneys for any purpose in excess of the sums appropriated therefor by law. (As amended by chap. 352, Laws of 1913.)

§ 5. Rooms and accommodations. It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated and lighted, at the capitol in the city of Albany, for carrying on the work and examinations of said commission, and said commission may order the necessary stationery, postage stamps, and official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the duty of the officers of the state of New York or of any civil division thereof, at any place where examinations are directed by the commission or its rules to be held to allow the reasonable use of public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same.

§ 6. The powers and duties of the commission. The state civil service commission shall

1. Prescribe, amend and enforce suitable rules and regulations for carrying into effect the provisions of this chapter and of section nine of article five of the constitution of the state of New York, as herein provided. The rules prescribed by the state and municipal commissions pursuant to the provisions of this chapter shall have the force and effect of law.

2. Keep minutes of its own proceedings and records of its examinations and other official action.

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